On November 22, 2017, (day before thanksgiving), I had reconstructive surgery to repair a right shoulder rotator cuff tear, (extensive tear). I put in writing, and personally and verbally told him I have extensive dental work and appliance’s. “We see that all the time”! He says. The anesthesiologist performing his duties, explains to me that my upper dental appliance (a tooth on a bridge of 5 teeth) spanning my upper front teeth, broke off. That’s after I felt the tooth missing and asked, what happened. The anesthesiologist stated that I bit down during excubation, breaking the tooth. He accepted responsibility and filed a claim with his insurance Company. I expressed that all I wanted was replacement cost of the appliance. Having a medical background, and having done several OR rotations, there’s a procedure in place to prevent that very thing. So it’s been about four months now and the only response I get is. We will let you know when the investigation is complete. Well, not sure what the heck there is to investigate. I really DO NOT want to litigate this but do not know what path to take. In the meantime I’m the paying interest charges having to put on credit card. $7500.00.
This is a medical malpractice claim. Welcome to tort reform. Your claim is governed by chapter 74 of the Tex. Civil Practice and Remedies Code. You have two years from the date of the incident to file your lawsuit for this claim. I recommend that you contact a lawyer to help you with your claim. I see a lot of delay tactics using excuses like the one you shared. Unfortunately, the amount of the damages may be to small for litigation when you consider all the financial burdens and legal requirements of chapter 74.
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Stop trying to handle this yourself and get an attorney to assist you.
Your best bet is to seek the necessary medical treatment and then to consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You may have some coverages on your own auto policy that can assist you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
I will change this to medical malpractice class for you. Good luck to you.
I am hopeful my answer is "HELPFUL" and/or is a good answer?" If so, I would appreciate you for noting same. Thank you. The information contained herein is not to be construed as legal advice. The questioner should seek independent legal advice from a qualified attorney after establishing a proper business relationship. My answer is not intended to answer specific details on a particular claim, but rather give a general outline of some of the procedures a person may encounter. The information is only for education and not intended to create legal representative of anyone.
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